Arizona Laws 48-961.01. Transfer of county improvement district to purchase energy for lighting public streets and parks to municipal jurisdiction
A. Except as provided in subsection C of this section, a county improvement district that is formed pursuant to section 48-960 or 48-961 for purchasing energy for the lighting of public streets and parks and that is entirely annexed into a city or town pursuant to section 9-471 shall be converted from a county improvement district to a municipal improvement district on completion of all of the following:
Terms Used In Arizona Laws 48-961.01
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- improvement: includes any of the improvements mentioned and authorized to be made in this article, the construction, reconstruction and repair of all or any portion of any such improvement, and labor, services, expenses and material necessary or incidental thereto. See Arizona Laws 48-901
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: includes both real and personal property. See Arizona Laws 1-215
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Street: includes avenues, alleys, highways, lanes, crossings, intersections, courts, places and grounds opened or dedicated to public use and public ways. See Arizona Laws 48-901
1. The city or town shall adopt a resolution declaring the city’s or town’s intent to assume jurisdiction over the improvement district and to convert the improvement district to a municipal improvement district. The resolution must include or reference as an attachment the legal description of the property to be converted to a municipal improvement district and must specify the future date on which the city or town governing body is to commence as the governing body of the county improvement district. The conversion of any county improvement district to a municipal improvement district must include the entirety of the district.
2. The city or town shall deliver to the clerk of the county board of supervisors a certified copy of the city’s or town’s resolution of intent to assume jurisdiction, including the legal description of the affected property.
3. Not later than July 1 immediately following adoption of the resolution prescribed in paragraph 1 of this subsection, the city or town shall record in the office of the county recorder for the county in which the property is located a certified copy of the city’s or town’s resolution with the legal description of the affected property.
B. Beginning on the date specified in the resolution adopted by the city or town governing body, sections 48-960 and 48-961, relating to county improvement districts, no longer apply and the city or town governing body shall begin governance of the improvement district pursuant to sections 48-616, 48-617 and this section.
C. This section does not establish a new district or a new political subdivision of this state and the previous governing body of the county improvement district and the governing body of the city or town that assumes jurisdiction over the district is not required to comply with section 42-17257. On assumption of jurisdiction, the city or town shall comply with all existing power or energy purchase agreements of the county improvement district for the remainder of the terms of the agreements.
D. After the date on which the city’s or town’s governing body commences governance as prescribed by subsection B of this section and until July 1 immediately following adoption of the resolution prescribed by subsection A of this section, the existing county governing body of the county improvement district shall continue to operate the district and shall continue to comply with any existing power or energy purchase agreements. The governing body of the city or town that is assuming jurisdiction shall have concurrent jurisdiction with the county governing body to take all actions that are reasonably necessary pursuant to section 48-916 to provide for the assessment and levy of a tax for the next fiscal year for the maintenance, repair and replacement of a district’s street lighting facilities and to purchase energy for street and public park lighting within the district. As soon as is practicable after July 1 as prescribed in subsection A of this section, the county treasurer shall pay over to the city or town that is assuming jurisdiction over the district all unobligated monies that are collected on behalf of the district, whether before or after July 1.